Loading...
HomeMy WebLinkAbout5146Contract Number Vendor Sub�ect: Department: File Class: Begin Date: End Date Review Date Vault Date Comments : 5146 PARAMETRIX INC On-Call Planning Services DCD LEG 12-1 4/23/2012 Termed with 30 day notice �. t I � pC�C�C�fldL� APR 19 2012 PROFESSIONAL SERVICES AGREEMENT �`� �� ON-CALL PLANNING SERVICES BY �� � The City of Bremerton ("City") and Parametnx�("Consultant"), referred to collectively as the "Parties," enter mto the following Agreement for professional services I. Scope: The Consultant agrees to provide the Department of Commumty Development with techrucal memoranda and research for planrung services on an as-needed basis The goal of the work is to supplement crty staff expert�se on pro�ects as assigned The Scope of Work may be modified only pursuant to Section VII G. of this Agreement If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express wntten request of the Crty Consultant further represents that the services fixrrushed under tlus Agreement will be performed in accordance wrth generally accepted professional practices in effect at the time such services are performed II. Term: The Crty and the Consultant agree that work will begm on the tasks descnbed m Part I immediately upon execution of this Agreement The parties agree that the work descnbed in Part I is to be completed as mutually agreed given the complexrty of the request, provided however, that additional hme shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $10,000 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibrt A and mcorporated herem by this reference 'The Consultant shall submit regular billmg statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall wrthin the categones set out m the Scope of Work and/or Fee Schedule Upon receipt of a confornung billing statement, the Crty shall promptly process payment PROVIDED, HOWEVER, the Crty reserves the nght to pnontize scoped work and accelerate and/or delay work tasks under the time frame set forth m Section II herein The Consultant's labor rates and billing fees shall be as delmeated m E�chibrt A Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to tlus Agreement Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exlubrt A If a billmg statement does not conform to this Agreement, the Crty may withhold payment unhl the statement is brought mto compliance Such withholding does not relieve Consultant of its obligations under tlus Agreement Bremerton/Parametnx On-Call Planrung Services Page 1 of 8 IV. Relationship of Parties: Consultant represents that rt is slcilled in the matters addressed m the Scope of Work �and is performmg independent functions and responsibilities within rts field of expertise Consultant and rts personnel are mdependent Consultants and not employees of the Crty Consultant and rts personnel have no authonty to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the Crty to its employees, mcludmg, but not limited to, compensation, msurance, and unemployment msurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants dunng the performance of tlus Agreement The City may, dunng the term of tlus Agreement, engage other mdependent Consultants to perform the same or similar work As an mdependent Consultant, Consultant is responsible for rts own management The City's admirustration and enforcement of this Agreement shall not be deemed an exercise of managenal control over Consultant or its personnel As an mdependent Consultant, Consultant is responsible for payment of all taxes and licensmg fees necessary to perform its obligations under this Agreement These taxes and fees include but are not limited to State mdustnal msurance, Business & Occupation, State professional licensmg, and Crty business licensing If any taxes or fees due the City have been declared delinquent, the Crty may wrthhold the delinquent amount, plus any additional charges ansmg from the delmquency, from any payments due Consultant V. Indemnification: Consultant shall defend, indemrufy and hold the Crty, rts officers, officials, employees, agents and volunteers harmless from any and all claims, in�unes, damages, losses or suits, mcludmg all legal costs and attorney fees, arismg out of or m connection wrth the performance of tlus Agreement, except for that portion of the in�unes and damages caused by the City's sole negligence The Crty's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of mdemmfication Should a court of competent �unsdiction determine that tlus Agreement is sub�ect to RCW 4 24 115, then, in the event of liability for damages arising out of bodily m�ury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, o�cials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of tlus Agreement Bremerton/ On-Call Planrung Services Page 2 of 8 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, msurance against claims for m�uries to persons or damage to property which may arise from or in connechon with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants Before beginrung work on the pro�ect descnbed m this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg. 1. Automobile Liability insurance wrth limits no less than $1,000,000 combined single limrt per accident for bodily in�ury and property damage, and 2. Commercial General Liability msurance wntten on an occurrence basis with limrts no less than $1,000,000 combined smgle limrt per occunence and general - aggregate for personal in�ury, bodily in�ury and property damage Coverage shall include but not be lunited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liabilitv insurance wrth hmrts no less than $1,000,000 limit per occurrence/claim Any payment of deductible or self msured retenhon shall be the sole responsibilrty of the Consultant All required policies shall be provided on an"occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made" basis The City shall be named as an addrtional msured on the Commercial General Liability msurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, wluch names the City as an additional insured shall be attached to the Certificate of Insurance The Crty reserves the nght to receive a certified copy of all the required msurance policies and endorsements The City further reserves the nght to re�ect any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contam a clause stating that coverage shall apply sepazately to each insured agamst whom claim is made or surt is brought, except wrth respects to the limits of the msurer's liabilrty The Consultant's msurance shall be pnmary msurance as respects the City and rt shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to Crty of Bremerton, attn Risk Management, 345 6 Street, Suite 600, Bremerton, WA 98337 witlun two days of the cancellation, suspension or substantive change of any msurance policy set out herem, and failure to do so shall be construed to be a breach of this Agreement. Bremerton/Parametrix On-Call Plamm�g Services Page 3 of 8 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the msurance policy wrth all endorsements as evidence of coverage. VII. General Conditions: A Reports and Information When requested by the City, Consultant shall furnish penodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished in the time and form requested Consultant shall mamtain accountmg records m accordance with Generally Accepted Accounting Pnnciples (GAAP) to substantiate all billed amounts. B Ownerslup and Use of Records and Documents Ongmal documents, drawings, designs and reports, mcludmg those in electroruc format, developed under tlus Agreement are the property of the Crty All written information submitted by the Crty to the Consultant ui connection wrth the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relatmg to rts own business If such information is publicly available or is already m Consultant's possession or known to it, or is nghtfully obtained by the Consultant from third parties, Consultant shall bear no responsibilrty for rts disclosure, madvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office m Bremerton, Washington Consultant shall make such data, documents, and files available to the Crty upon rts request at all reasonable times for the purpose of editmg, modifying and updatmg as necessary until such time as the City is capable of stonng such mformation m the City's o�ces Duplicate copies of tlus mformation shall be provided to the City upon its request, and at reasonable cost All documents, mcluding a11 reports, drawmgs, specifications, computer softwaze or other items prepared or furrushed by Consultant pursuant to this Agreement, are instruments of service with respect to the proJect and are the property of the City Any reuse by the Crty for other than the specific purpose intended will be at City's sole nsk C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own nsk, and Consultant shall be responsible for any loss of or damage to matenals, tools, or other articles used or held for use m connection wrth the work D Place of Work The Consultant shall perform the work authorized under tlus Agreement at its offices m Bremerton, Waslungton Meetings with the City staff as descnbed m Part I, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. Bremerton/Parametnx On-Call Plannmg Services Page 4 of 8 E Entire Agreement This Agreement and rts Exlubit constrtutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, wntten or oral, that have not been set forth m the text of tivs Agreement F Severabilitv• Should any part of tlus Agreement be found void, the balance of the Agreement shall remain in full force and effect G Modification This Agreement may only be modified by wntten mstrument signed by both Parties H Wntten Notices All commurucahons regarding tlus Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated m this Agreement or such other address as may be hereafter specified m wntmg CITY ADDRESS Andrea L Spencer Department of Commuruty Development City of Bremerton 345 6`" Street, Surte 600 Bremerton WA 98337 360 473 5283 CONSULTANT ADDRESS Bill Webb � � Parametnx 1 - *��-• 4600 Kitsap Way Suite A Bremerton WA 98312 360 377 0014 I Waiver Failure to enforce any provision of tlus Agreement shall not be deemed a waiver of that provision Waiver of any right or power azismg out of this Agreement shall not be deemed waiver of any other nght or power J Non-Waiver of Breach The failure of the City to insist upon stnct performance of any of the covenants and agreements contained herexn, or to exercise any option herein conferred in one or more mstances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remam in full force and effect K Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement L. Choice of Law and Venue This Agreement shall be interpreted accordmg to the laws of the State of Waslungton Any �udicial action to resolve disputes ansing out of this Agreement shall be brought in Kitsap County Supenor Court M Attornevs' Fees In the event of lrtigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees N Assi�nment Any assignment of this agreement by the Contractor without the wntten consent of the City shall be void. Bremerton/Parametrix On-Call Plannmg Services Page 5 of 8 � VIII. Nondiscrimination: Consultant shall not discnminate m employment or services to the public on the basis of race, color, national origm, sex, religion, age, marital status, disabiliTy, or sexual onentation except for employment actions based on bona fide occupational qualification IX. Termination: This Agreement shall remam m force until completion and acceptance of the services, termmated by written instrument upon mutual consent, or by the Crty of Bremerton for convemence This Agreement may be immediately termmated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance wrthm tlurty (30) days of the terminating Party's sendmg notice to the non-performmg Party Any Notice by Consultant shall include a report showing the status of all rtems listed in the Scope of Work current through the termination date If the Crty receives reimbursement by any federal, state, or other source for work descnbed m Sechon I herem, and that fundmg is wrthdrawn, reduced or limited in any way, or the pro�ect is cancelled or substantially reduced after the execution date of tlus Agreement and pnor to the completion of the work, the Crty may summanly terminate this Agreement A Excusable Delavs The right of Consultant to proceed shall not be ternunated nor shall Consultant be charged with liquidated damages for any delays m the completion of the work due to 1) any acts of the federal government m controllmg, restnctmg, or reqwsitiomng matenals, equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the Crty, its consultants, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, includmg, but not restncted to, acts of God, fires, floods, stnkes, or weather of unusual seventy PROVIDED, HOWEVER, that the Consultant must promptly notify the City wrthm ten (10) calendar days in writmg of the cause of the delay If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the Crty shall, in wntmg, extend the tune for completmg the work for a penod of time commensurate wrth the penod of excusable delay B Ri h� ts Upon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termmation, as descnbed on a final invoice submitted to the Crty After termmahon, the Crty may take possession of all records and data vv�thin the Consultant's possession pertairung to tlus pro�ect wluch may be used by the City wrthout restriction Any such use not related to the pro�ect which Consultant was contracted to perform shall be wrthout liability or legal exposure to the Consultant Bremerton/Parametnx On-Call Plamm�g Services Page 6 of 8 � CITY OF BREMERTON Approved as to form B emerton Crty Attorney R U.EGAL\Contracu�FORM rofess�onal Services Agreement Fortn (2003) doc Bremerton/Pazametr�x On-Call Plamm�g Services Page 7 of 8 CONSULTANT By �� �ts Date ( � ��► � : �� _ .._ ' '► ,° , EXHIBITA- FEE SCHEDULE City of Bremerton On-Call Planning Services Notes Fees shown are for budgeting purposes only Work elements and staffing under each task will be as requested by the City BILLING RATES Direct Rate 1 Direct Rate x 3.1 Billin Rate Pro�ect Manager (2) $53 96 $167.28 $150/hr Capped (Webb) Contract/Pro�ect Support $38.28 $118 67 $118 67/hr Cartwnght) Planner II $27 82 $86 24 $86 24/hr (Lambert) Admirustrative $26 50 $82 15 $82 15/hr (Pro�ect Accountant) Designer $35 69 $110 64 $110 64/hr (Glassley) NOTES 1) Rates shown are examples of actual rates Billmg to be based on actual rates 2) Rates for non-techrucal work (e g pro�ect management) aze capped at $150/hr 3) Rates for structural, chief engmeer, etc, to be identified on a case by case basis 4) Billing rate is direct salary x 3 1 not to exceed �$150 00 5) 5% Subconsultant mark up 6) 6% of Billing Rate Salary for Other Direct Costs Bremerton/Parametnx On-Call Plamm�g Services Page 8 of 8 Faxserver 10/16/2015 2:00:05 PM PAGE 2/010 Fax Server • 7 L ? Client#.319834 • PARAMINC ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/16/2015 el THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer lights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEPel. Please send all requests via Kibble&Prentice,a USI Co PHONEfax or email F/C 610-362-8518 601 Union Street,Suite 1000 E-MA"o,Ext): (A C,Not: • ADDRESS:CLCertRequest@usi.biz Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC 0 206-441-6300 Massachusetts BayInsurance Co 22306 INSURER A: INSURED INSURER B:Hanover insurance Company 22292 Parametrix,Inc. INsuRERC:Employers Ins Co of Wausau 21458 1019 39th Ave.SE,Suite 100 INSURERD:XL Specialty Insurance Company 37885 Puyallup,WA 98374-6502 INSURER E Allmerica Financial Benefit Ins 41840 i INSURER F: COVERAGES CERTIFICATE NUMBER: K1/K2 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE.USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY(REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR TYPE OF INSURANCE � ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) A GENERAL LIABILITY X X ZD2893486904 11/01/2014 11/01/2015 EACH OCCURRENCE $1,000,000 DX COMMERCIAL GENERAL LIABILITY PRE IMSESE (Eeo¢meroo) $1,000,000 CLAIMS-MADE X OCCUR' MED DM(Anyone person) $10,000 X WA Stop Gap/EL PERSONAL&ADV INJURY $1,000,000 • GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: : PRODUCTS-COMP/OP AGG $Included —I POLICY X JEco-T X Loc WA Stop Gap $1,000,000 E AUTOMOBILELIABILrrY X X AW2889472704 11/01/201411/01/2015 COMBINED SINGLE LIMIT 1,000,000 fEa e¢identl � _ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED: BODILY INJURY(Per accident) $ AUTOS _ UTOS HIRED AUTOS _AUTOS PROPERTYDAMAGE $ . (Per t $ B X UMBRELLALIAB X OCCUR i4 X X. UH2891561604 11/01/2014 11/01/2015 EACH OCCURRENCE $10,000,000 EXCESS LIAR CLAIMS-MADE XS of GL,Auto& AGGREGATE $10,000,000 DED RETENTION$None ' Employers Liab. $ C WORKERS COMPENSATION X WCCZ91447422014 11/01/2014 11/01/2015 X ORYLIMIT$ W- AND EMPLOYERS'LIABILITY " 'YI N • ANY PROPRIETOR/PARTNER/EXECUTIVEStates;CO ID IL E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory In NH) NM OR UT E.L.DISEASE-EA EMPLOYEE$1,000,000 DESCRIPTION OFunderi below DESCRIPTION OPERATIONSUSL&H included for above states+WAE.L.DISEASE-POLICY LIMIT $1,000,000 D ProfessionalDPR9717903 11/01/2014 11/01/2015 $1,000,000 Per Claim Liability . Pollution Legal $1,000,000 Aggregate Claims Made a Liability incl. DESCRIPTION OF OPERATIONS I LOCATIONS(,VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) SWPPP Updates. City of Bremerton is Additional Insured and coverage is primary as respects General Liability if required • by written contract per attached endorsements. CERTIFICATE HOLDER CANCELLATION Cityof Bremerton �� SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works and Utilities ACCORDANCE WITH THE POLICY PROVISIONS. 100 Oyster Bay Avenue N Bremerton,WA 98312 AUTHORIZED REPRESENTATIVE ©1988.2010 A CORD CORPORATION.All rights reserved. . ACORD 25(2010/05) 1 of 1 '.I The ACORD name and logo are registered marks of ACORD #S16483093/M15972674 RPDZP • Faxserver 10/16/2015 2 :00:05 PM PAGE 3/010 Fax Server ZD2 8934869 04 • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract,Agreement or Permit Included 2. Additional Insured-Broad Form Vendors Included 3. Aggregate Limit per Location Included 4. Alienated Premises Included 5. Bodily Injury Redefined • Included 6. Broad Form Property Damage-Borrowed Equipment,Customers Goods& 'Included Use of Elevators 7. Extended Property Damage Included 8. Incidental Malpractice(Employed nurses,EMT's&paramedics) Included 9. Knowledge of Occurrence Included 10. Liberalization Clause j Included 11. Medical Payments-Increased Limit $ 10,000 12. Mobile Equipment Redefined Included 13. Newly Acquired or Formed Organizations-Covered until end or policy period Included 14. Non-owned Watercraft 51 ft. 15. Personal Injury-Broad Form Included • 16. Product Recall Expense -Each Occurrence Limit $ 25,000 -Aggregate Limit $ 50,000 17. Property Damage Legal Liability(Fire.Lighting.Explosion,Smoke or Leakage Damage) $500,000 18. Supplementary Payments Increased Limits -Bail Bonds $ 2,500 -Loss of Earnings $ 300 19. Unintentional Failure to Disclose Hazards Included 20. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages,higher limitsand broader coverage grants. 1. Additional Insured by Contract, Agreement or (2) Premises you own,rent,lease or occupy. Permit This insurance applies on a primary basis if Under Section II-Who Is An insured,Paragraph 5. that is required by the written contract, is added as follows: written agreement or permit. 5.a. Any person or organization with whom you b. This provision does not apply: agreed,because of a written contract,written (1) Unless the written contract or written agreement or permit to provide insurance,is agreement has been executed or permit an insured,but only with respect to: has been issued prior to the"bodily injury", (1) "Your work for the additional insured(s) "property damage","personal injury"or at the location designated in the contract, "advertising injury". agreement or permit;or Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc.1998 • 421-0080 (01/03) Page 1 of 6 Faxserver 10/16/2015 2 :00:05 PM PAGE 4/010 Fax Server (2) To any person or organization included as (4) Repackaging, unless unpacked solely for an insured by an endorsement issued by the purpose of inspection, us and made part of this Coverage Part. demonstration,testing,or the substitution (3) To any person or organization included of parts under instruction from the as an insured under item 2 of this manufacturer,and then repackaged in endorsement. the original container; (4) To any lessor of equipment: (5) Any failure to make such inspection, ad- justments,tests or servicing as the (a) After the equipment lease expires;or vendor has agreed to make or normally (b) If the"bodily injury", "property dam- undertakes to make in the usual course age","personal injury"or"advertising of business in connection with the sale of injury" arises out of sole negligence the product; of the lessor. (6)Demonstration,installation, servicing or (5)To any: repair operations,except such (a) Owners'or other interests from whom operations performed at the vendor's land has been leased which takes premises in connection with the sale of place after the lease for the land ex- the product; pires;or (7) Products which,after distribution or sale (b) Managers or lessors of premises if: by you,have been labeled or relabeled or used as a container,part or ingredient of (i) The occurrence takes place after any thing or substance by or for the youcease to be a tenant in that vendor. premises;or c. This insurance does not apply to any insured (ii) The"bodily injury","property person or organization,from whom you have damage","personal injury" or acquired such products,or any ingredient, "advertising injury"arises out of part or container,entering into, accompany- structural alterations,new con- ing or containing such products. struction or demolition operations performed by or on 3. Aggregate Limit Per Location behalf of the manager or lessor. • (1)Under Section III - Limits of Insurance the 2. Additional Insured-Broad Form Vendors General Aggregate Limit applies separately to each of your'"locations"owned by or rented to Under Section II-Who Is An Insured,Paragraph 6. you. is added as follows: (2)Under Section V - Definitions, definition 23.is 6. a. Any person or organization with whom you added as follows: agreed, because of a written contract or 22. "Location"means premises involving the written agreement to provide insurance, but only with respect to"bodily injury"or same or connecting lots, or premises whose "property damage"arising out of"your connection is interrupted only by a street, products"which,are distributed or sold in the roadway,waterway or right-of-way of a rail- regular course of the vendor's business, road. • subject to the following additional exclusions: b. The insurance afforded the vendor does not 4. Alienated Premises apply to: Under Section I-Coverage A, paragraph 2.Exclu- (1) "Bodily injury" or"property damage"for sions, J. (2)is replaced in its entirety with the which the vendor is obligated to pay dam- following: ages by reasons of the assumption of li- (2) Premises you sell,give away or abandon, if the ability in a contract or agreement. This "property damage"arises out of any part of those exclusion does not apply to liability for premises and occurred from hazards that were damages that the insured would have in known by you,or should have reasonably been the absence of the contract or agreement; known by you,at the time the property was (2) Any express warranty unauthorized by transferred or abandoned. you; (3) Any physical or chemical change in the 5. Bodily Injury Redefined product made intentionally by the vendor; Under Section V Definitions,definition 3."bodily injury"is replaced in its entirety with the following: Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright,Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 2 of 6 Faxserver 10/16/2015 2 :00:05 PM PAGE 5/010 Fax Server • 3. "Bodily injury"means bodily injury, sickness or 9. Knowledge of Occurrence disease sustained by a person. This includes Under Section IV - Commercial General Liability mental anguish,mental injury,shock,fright or Conditions,Condition 2- Duties in the Event of death resulting from"bodily injury",sickness or Occurrence, Offense, Claim or Suit,paragraph e. disease. is added as follows: e. Notice of an'occurrence",offense,claim or"suit" 6. Broad Form Property Damage Borrowedo Equipment,Customers Goods,Use of Elevators reportedwe considered an individuald knowledgenamed the insured if, to an insured,partner, (1)Under Section I - Coverage A,paragraph 2. executive officer or an"employee"designated by Exclusion j.is amended as follows: you to give us such a notice. Paragraph (4)does not apply to "property dam- age"to borrowed equipment while at a jobsite 10. Liberalization Clause and not being used to perform operations. Under Section IV-Commercial General Liability Paragraphs (3), (4)and (6)do not apply to Conditions,condition 10.is added as follows: • "property damage"to"customers goods" while 10. Liberalization Clause on your premises nor do they apply to the use of elevators at premises you own,rent,lease or If we adopt any revision that would broaden the occupy. coverage under this Coverage Form without additional premium,within 45 days prior to or (2)Under Section V - Definitions, definition 24. is during the policy period,the broadened added as follows: coverage will immediately apply to this 23. "Customers goods"means property of your Coverage Part. customer on your premises for the purpose of being: 11. Medical Payments-Increased Limits a. worked on;or (1)Under Section I -Coverage C, paragraph a. b. used in your manufacturing process. (2)is replaced in its entirety by the following: (3) The insurance afforded under this provision is (2) The expenses are incurred and reported to excess over any other valid and collectible prop- us within three years of the date of the erty insurance(including deductible)available to accident;and the insured whether primary, excess, contingent (2) Under Section III - Limits of Insurance, or on any other basis. paragraph 7.is replaced in its entirety by the following: 7. Extended Property Damage 7. Subject to 5.above,the higher of: Under Section I - Coverage A,paragraph 2. a. $10,000;or Exclusions,Exclusion a.is replaced in its entirety with the following: b. The amount shown in the Declarations for Medical Expense Limit is the most a. "Bodily injury"or"property damage"expected Or we will pay under Coverage C for all intended from the standpoint of the insured.This medical expenses because of "bodily exclusion does not apply to"bodily injury" or injury"sustained by one person. "property damage"resulting from the use of reasonable force to protect persons br property. (3) This coverage does not apply if Coverage C- Medical Payments is excluded either by the provisions of the Coverage Part or by 8. Incidental Malpractice -Employed Nurses, EMT's endorsement. and Paramedics Under Section II - Who Is An Insured, paragraph 12. Mobile Equipment Redefined 2.a.(1)(d) does not apply to a nurse,emergency medical technician or paramedic employed by you if Under Section V - Definitions,definition 12, you are not engaged in the business or occupation of Mobile Equipment,paragraph f.(1)(a)(b)(c)does providing medical,paramedical,surgical,dental,x- not apply to self-propelled vehicles of less than ray or nursing services. 1,000 pounds gross vehicle weight. • 13. Newly Acquired Or Formed Organizations Under Section II -Who Is An Insured,paragraph 4.a.is replaced in its entirety by the following: Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc.1998 421-0080 (01/03) Page 3 of 6 Faxserver 10/16/2015 2 :00:05 PM PAGE 6/010 Fax Server a. Coverage under this provision is afforded only repair, replacement,adjustment,removal until the end of the policy period. or disposal of: (1)"Your product"; 14. Non-Owned Watercraft (2) "Your work";or Under Section I - Coverage A, paragraph 2 Exclusions, g.(2) is replaced in its entirety by the (3)"Impaired property"; following: if such product,work,or property is (2) A watercraft you do not own that is withdrawn or recalled from the market or (a) Less than 5i1 feet long:and from use by any person or organization because of a known or suspected defect, (b) Not being used to carry persons or deficiency,inadequacy or dangerous property fora charge; condition in it,but this exclusion does not This provision applies to any person,who apply to"product recall expenses"that you with your consent,either uses or is incur for the"covered recall" of "your responsible for the use of a watercraft. product". The exception to the exclusion does not apply to"Product recall 15. Personal Injury-Broad Form expenses"resulting from: (1)Under Section I -Coverage B, paragraph 2.e. (1) Failure of any products to accomplish is deleted in its entirety. their intended purpose; (2)Under Section V - Definitions,definition 14, (2) Breach of warranties of fitness, quality, paragraph b.is replaced in its entirety by the durability or performance; following: (3) Loss of customer approval,or any cost b. Malicious prosecution or abuse of process. incurred to regain customer approval; (3)Under Section V - Definitions,definition 14, (4) Redistribution or replacement of "your paragraph h.is added as follows: product'which has been recalled by like products or substitutes; h. Discrimination or humiliation(unless insurance thereof is prohibited by law)that (5) Caprice or whim of the insured; results in injury to the feelings or reputation (6) A condition likely to cause loss of of a natural person,but only if such which any insured knew or had reason discrimination or humiliation is: to know at the inception of this (1) Not done intentionally by or at the insurance; direction of: (7) Asbestos,including loss,damage or (a)The insured; clean up resulting from asbestos or (b) Any officer of the corporation, asbestos containing materials; director,stockholder,partner or (8) Recall of"your products"that have no member of the insured;and known or suspected defect solely • (2) Not direct) or indirectlyrelated to an because a known or suspected defect Y in another of"your products"has been "employee",not to the employment, found. prospective employment or termination (2)Under Section II - Who Is An Insured, of any person or persons by an insured. paragraph 4.d.is added as follows: (4) This coverage does not apply if Coverage B- d. Coverage A does not apply to"product • Personal and Advertising Injury Liability is recall expense"arising out-of any excluded either by the provisions of the withdrawal or recall that occurred before Coverage Part of by endorsement. you acquired or formed the organization. (3) Under Section III - Limits of Insurance, 16. Product Recall Expense paragraph 8.is added as follows: (1)Under Section I - Coverage A, paragraph 2 8. The Limits of Insurance and rules stated Exclusions, n.is replaced in its entirety by the below fix the most we will pay under this following: coverage part. n. Recall of Products, Work or Impaired (1) The Aggregate Limit is the most we will Property reimburse you for the sum of all"product Damages claimed for any loss,cost or recall expenses"incurred for all"product expense incurred by you or others for the recall expenses"initiated during the policy loss of use,withdrawal,recall,inspection, period. Includes copyrighted material of Insurance Services Office,Inc.with its permission. Copyright, Insurance Service Office,Inc. 1998 421-0080 (01/03) Page 4 of 6 Faxserver 10/16/2015 2 :00:05 PM PAGE 7/010 Fax Server • • (2) The Each Occurrence Limit shown in the until it has been determined that all Summary of Coverages Declaration is the such products are free from defects most we will pay in connection with any that could be a cause of loss under this one defect or deficiency, insurance. (a) All"product recall expenses"in (5)Under Section V - Definitions,the following connection with substantially the same definitions are added: general harmful condition will be 25. "Covered recall,"means a recall made deemed to arise out of the same defect necessary because you or a government or deficiency and considered one body has determined that a known or occurrence. suspected defect,deficiency,inadequacy, (b) Any amount reimbursed for"product or dangerous condition in"your product" recall expenses"in connection with has resulted or will result in"bodily injury" any one occurrence will reduce the or"property damage". amount of the Aggregate Limit 26. "Product recall expense"means: available for reimbursement of a. Necessary and reasonable expenses "product recall expenses"in for: connection with any other defect or (1) Communications,including radio or deficiency. television announcements or (c) If the Aggregate Limit has been printed advertisements including reduced by reimbursement of"product stationery,envelopes and postage; recall expenses"to an amount that is (2) Shipping the recalled products less than the Each Occurrence Limit, from any purchaser,distributor or the remaining Aggregate Limit is the user to the place or places most that will be available for designated by you; reimbursement of"product recall (3) Remuneration paid to your regular • expenses"in connection with any other "employees"for necessary over- defect or deficiency. time; The Limits of Insurance of Product Recall (4) Hiring additional persons,other • Expense apply separately to each than your regular"employees"; consecutive annual period and to any • remaining period of less than 12 months, (5) Expenses incurred by"employees" starting with the beginning of the policy including transportation and ac period shown lin the Declarations, unless commodations; . the policy period is extended after issuance (6) Expenses to rent additional ware- for an additional period of less than 12 house or storage space; months. In that case,the additional period (7) Disposal of"your product",but only will be deemed part of the last preceding to the extent that specific methods period for the purposes of determining the of destruction other than those Limits of Insurance, employed for trash discarding or (3) A Deductible of$500 applies for Each disposal are required to avoid Occurrence. "bodily injury"or"property damage" (4)Under Section IV - Commercial General as a result of such disposal; Liability Conditions, Condition 2- Duties in You incur exclusively for the purpose the Event of Occurrence, Offense, Claim or of recalling"your product";and Suit,paragraph f.is added as follows: b. Your lost profit resulting from such f. You must see to.it that the following are "covered recall". done in the event of an actual or anticipated "covered recall"that may result 17. Property Damage Legal Liability (Fire, in"product recall expense": Lightning, Explosion, Smoke or Leakage from (1) Give us prompt notice of any discovery Fire Protective Systems Damage) or notification that"your product"must (1)The word fire is changed to fire, lightning, be withdrawn or recalled. Include a explosion,smoke and leakage from fire pro- description of"your product"and the tective systems where it appears in the Limits reason for the withdrawal or recall; of Insurance section of the Declarations for the (2) Cease any further release, shipment, Commercial General Liability Coverage Part. consignment or any other method of distribution of like or similar products Includes copyrighted material of Insurance Services Office,Inc.with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01103) Page 5 of 6 Faxserver 10/16/2015 2 :00:05 PM PAGE 8/010 Fax Server • (2) Under Section I Coverage A, the last para- 18. Supplementary Payments Increased Limits graph (after the exclusions)is replaced in its Under Section I - Supplementary Payments, entirety by the following: Coverages A and B,paragraphs 1.b.and 1.d.are Exclusions c. through n.do not apply to dam- replaced in their entirety as follows: age by fire,lightning,explosion,smoke or leak- 1.b. Up to$2,500 for cost of bail bonds required age from fire protective systems to premises because of accidents or traffic law violations while rented to you or temporarily occupied by arising out of the use of any vehicle to which you with the permission of the owner. A cepa- the Bodily Injury Liability Coverage applies. • rate limit of insurance applies to this coverage We do not have to furnish these bonds. as described in LIMITS OF . INSURANCE (SEC-TION III).This limit will apply to all 1.d. All reasonable expenses incurred by the damage proximately caused by the same insured at our request to assist us in the event, whether such damage results from fire, investigation or defense of the claim or"suit", lightning,explosion,smoke or leakage from fire including actual loss of earnings up to$300 a protective systems or any combination of the day because of time off from work. five. (3)Under Section III-Limits Of Insurance,para- 19. Unintentional Failure to Disclose Hazards graph 6.is replaced in its entirety by the follow- Under Section IV-Commercial General Liability ing: Conditions,Condition 6. - Representations, 6. Subject to 5.above,the higher of: paragraph d.is added as follows: a.$500,000; or d. We will not disclaim coverage under this b. The Fire,Lightning, Explosion, Smoke Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy or Leakage from Fire Protective Sys- provided such failure is not intentional. tems Damage Limit shown in the Dec- larations is the most we will pay under Coverage A for damages because of 20. Unintentional Failure to Notify "property damage"from fire, lightning, Under Section IV-Commercial General Liability explosion,smoke and leakage from fire Conditions,Condition 2.-Duties in the Event of protective systems to premises,while Occurrence, Offense, Claim or Suit,paragraph rented to you or temporarily occupied g.is added as follows: by you with permission of the owner. f. Your rights afforded under this policy shall not (4)Under Section IV - Commercial General be prejudiced if you fail to give us notice of an Liability Conditions,Condition 4. Other "occurrence",offense,claim or "suit", solely • Insurance,paragraph b.(2)is replaced by the due to your reasonable and documented belief following: • that the"bodily injury"or"property damage"is b.(2) That is fire,lightning,explosion, smoke not covered under this policy. or leakage from fire protective systems • insurance for premises rented to you or temporarily occupied by you with per- mission of the owner;or (5)Under Section V - Definitions,definition 9. "Insured contract", a.is replaced in its en- • tirety by the following: a. A contract for a lease of premises.How- ever,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion,smoke or leakage from fire pro- tective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract". (6) This coverage does not apply if Fire Damage Legal Liability of Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright,Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 6 of 6 • Faxserver 10/16/2015 2:00:05 PM PAGE 9/010 Fax Server r _ ZD2 8934869 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Other Insurance—Primary and Non-Contributory (Additional Insured) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV—Commercial General Liability Conditions 4.Other insurance a. Additional Insureds (a) That is Fire, Extended If you agree in a written contract,written Coverage, Builder's agreement or permit that the insurance sim coRisk or provided to any person or organization simill arr koverage for included as an Additional Insured under "your work"; Section II — Who is An Insured, is (b) That is' Fire insurance • primary and non-contributory, the for premises rented to following applies: the Additional Insured or temporarily occupied by the Additional If other valid and collectible insurance is Insured with permission available to the Additional Insured for a of the owner; loss we cover under Coverages A or B of this Coverage .Part, our obligations (c) That is insurance are limited as follows: purchased by the Additional Insured to • 1.Primary Insurance cover the Additional This insurance is primary to other Insured's liability as a insurance that is available to the tenant for "property Additional Insured which covers the damage" to premises Additional Insured as a Named rented to the Additional Insured. We will not seek Insured or temporarily contribution from any other occupied by the insurance available to the Additional Additional with Insured'.except: permission of the I. For the sole negligence of the owner;or Additional Insured; (d) If the loss arises out of ii. when the Additional Insured is the maintenance or use an Additional Insured under of aircraft, autos" or watercraft to the extent another primary liability policy; or not subject to Exclusion g. of Section I — iii. when 2.below applies. Coverage A — Bodily If this insurance is primary, our Injury And Property obligations are not affected unless Damage Liability. any of the other insurance is also When this insurance is excess, we will have primary.Then,we will share with all no duty under Coverages A or B to defend the that other insurance by the method insured against any"suit"if any other insurer described in 3.below. has a duty to defend the insured against that 2. Excess Insurance "suit", If no other insurer defends, we will This insurance is excess over: undertake to do so, but we will be entitled to the insured's rights against all those other (1) Any of the other insurance, insurers. whether primary, excess, When this insurance is excess over other contingent or on any other insurance, we will pay only our share of the basis: amount of the loss, if any, that exceeds the sum of: Page 1 of 2 421-0452 06 07 Includes copyrighted material of Insurance Services Offices,Inc.,with its permission Faxserver 10/16/2015 2 :00:05 PM PAGE. 10/010 Fax Server • (1) The total amount that all such other 3. Method Of Sharing insurance would pay for the loss in the If all of the other insurance permits absence of this insurance;and contribution by equal shares, we will .(2) The total of all deductible and self- follow this method also. Under this insured amounts under all that other approach each insurer contributes equal insurance. amounts until it has paid its applicable We will share the remaining loss, if,any, limit of insurance or none of the loss with any other insurance that is not remains,whichever comes first. described in this Excess Insurance If any of the other insurance does not provision and was not bought specifically permit contribution by equal shares, we to apply in excess of the Limits of will contribute by limits. Under this Insurance shown in the Declarations of method, each insurer's share is based on this Coverage Part. the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. • • • • Page 2 of 2 • • 421-0452 06 07 Includes copyrighted material of Insurance Services Offices,Inc.,with its permission Faxserver 10/16/2015 2 :00:05 PM PAGE 1/010 Fax Server • • • usi USI Insurance Services FAX COVER SHEET Date: 10/16/15, From: Certificate Processing Team Fax: (360)473-5161 Fax#: (610)362-8703 To: City of Bremerton Number of pages including coversheet: 10 Subject: Certificate of Insurance for Parametrix, Inc. Please find the attached certificate of insurance as requested. Should you have any questions or require further assistance,please contact the agent directly at the phone number listed on the certificate. Please note that you may not rely on fax communication to report a claim or to give us instructions to place, bind,change or terminate coverage unless we have subsequently confirmed to you in writing that we have re- ceived your message and will be taking the action you have requested. Confidentiality Notice: This transmission is only for the use of the individual named above.If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error,please immediately not,USI by telephone and return the original document to the above address via U.S.mail.Thank You.